Take Two sues Jack Thompson over “nuisance” lawsuits

Despite his failure to win a restraining order against the T-rated game Bully, Jack Thompson has not stopped pursuing Take Two, the game's distributor. This week, Take Two took a proactive step to stave off Thompson's prerelease assaults on their titles by filing a federal court case against him in the state of Florida.

Take Two plans to release Manhunt 2 and Grand Theft Auto IV later this year, and they would love nothing more than to avoid another Thompson lawsuit. After Thompson made public statements about his intent to block both games from being released, the company asked a judge to "enjoin him from bringing suit on behalf of the State of Florida to enjoin the sale of GTA IV or Manhunt 2."

According to a copy of the complaint seen by Ars Technica, Take Two has just about had it with Thompson's threats, lawsuits, retractions, and dismissals. Thompson has, in the past, "brought suit on behalf of the State of Florida, dismissed it, filed again, sought a temporary restraining order, and then failed to pursue that motion," says the complaint. Such lawsuits come at "unpredictable times and under unpredictable circumstances" and can disrupt Take Two's relationships with retailers, who can also get dragged into these battles (Thompson at one point sued Best Buy, Wal-Mart, Target, GameStop, and others in the battle over Bully).

Take Two argues that the lawsuits violate its First Amendment rights to free expression, but it also claims that the suits are so vague as to be unconstitutional. "This unconstitutional vagueness will have a chilling effect on Plaintiff as well as Plaintiff's customers," says the company. "Plaintiff's distributors likely will respond to the uncertainty and fear of penalties by withholding Plaintiff's video games from the public."

Take Two asks that Thompson be prevented from bringing a "nuisance" lawsuit against either of the games in question, and they want attorneys' fees from him.